BM&S Secures Successful Defense in Construction Accident Case
Black Marjieh & Sanford LLP successfully defeated plaintiff’s appeal of the denial of a motion for summary judgment in the First Department. The case involved a construction accident in which the plaintiff alleges to have fallen on debris and a wet, greasy substance in a claimed passageway. Plaintiff moved for summary judgment under Labor Law 241(6), claiming a violation of New York Industrial Code 23-1.7(d). The plaintiff’s motion was denied in the lower court. Plaintiff appealed and BM&S successfully argued that the plaintiff had failed to meet his burden and that a question of fact existed as to whether the claimed substance constituted a foreign substance under the Industrial Code. On behalf of their contractor client, thanks to BM&S’s compelling arguments, the First Department unanimously affirmed the lower court’s denial of Plaintiff’s motion for summary judgment.
FEATURING
John W. Bieder
John is dedicated to achieving the best possible outcomes for his clients. He takes pride in strategizing and providing meaningful counsel in his practice areas, which include construction defects, New York Labor Law, premise liability, toxic torts, general liability, and professional liability. Before joining Black Marjieh, John worked for a national law firm for more than five years. Prior to that, he served as an Assistant District Attorney in the Bronx District Attorney’s Office, where he honed his oral advocacy and trial skills while managing a caseload in excess of 200 cases.